The following are the terms and conditions (the "Terms") under which
you (a "User") may use the web site of Italy Developments.com (the "Company") at www.italydevelopments.com
(any or all of which are herein referred to as
the "Web Site"). Please read this page carefully. By accessing
and using the Web Site, you accept and agree to be bound, without modification,
limitation or qualification, by the Terms. The Company may, at its sole
discretion, modify or revise the Terms at any time by updating the text
of this page. You are bound by any such modification or revision and should
therefore visit this page periodically to review the Terms.
Specific rules, in addition to these Terms, are provided
with respect to transactions conducted on or in connection with the Web
Site, and other rules may be provided for the use of certain other items,
areas or services provided on or in connection with the Web Site, and you
agree to be bound by such rules.
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT
TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED
ON THE WEB SITE. (THE CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS
AND ALL SUCH ADDITIONAL CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO
HEREIN AS THE "AGREEMENT.") IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS
OF THE AGREEMENT, DO NOT USE THE WEB SITE.
Section 1. The Material on the Web Site
The contents of the Web Site, such as text, graphics,
images, audio, video, data, coding, scripts, computer programs and other
material ("Material" or "Materials"), are protected
by copyright,
and are owned or controlled by the Company or by third parties that have
licensed their Material to the Company.
Unauthorized use of the Material may violate copyright,
trademark, and other laws. You may not sell, prepare derivative works
based on or modify the Material (including, without limitation, preparation
of summaries of the Material or "thumbnails" of any images
therein), or reproduce, publicly display, publicly perform, distribute,
or otherwise use the Material in any way for any public or commercial
purpose. The use of the Material or any portion thereof on any other
web site, or in any publication, database, catalog or compilation,
or in a networked computer environment for any purpose other than personal
browsing of the Web Site without the express prior written permission
of the Company is strictly prohibited. With respect to any copy you
make of the Material within the scope of the limited personal license
granted herein, you must retain therein, unmodified and unobscured,
any and all copyright and other proprietary notices contained in the
original Material. Some of the Material may contain digital "watermarks" to
indicate their source and ownership. You agree not to attempt to remove,
deactivate, reverse engineer, modify, tamper with or obscure any such
watermarks. The trademarks, logos and service marks (the "Marks")
displayed on the Web Site are owned by the Company or third parties.
You are prohibited from using the Marks without the express, prior
written permission of the Company or such third party. If you would
like information about obtaining the Company's permission to use the
Material on your web site, info@italydevelopments.com.
The Company reserves the right to employ robot exclusion
headers and similar mechanisms within the Web Site, and you agree that you
and all persons and facilities under your control will honor such headers
and mechanisms. Regardless of the presence or absence of any such headers
or mechanisms, and without limiting the generality of any other restriction
on use of the Web Site or the Material set forth in this Agreement, you
will not in any event use any robot, spider, or other automatic or manual
device or process for the purpose of compiling information regarding the
identification, address or other attributes of any of our Users, or sellers,
or to recreate in original or modified form any substantial portion of the
Web Site. You further agree not to use any device, software or routine to
interfere or attempt to interfere with the proper functioning of the Web
Site or any transactions being conducted on or in connection with the Web
Sites. You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our servers or systems.
If you violate any provision of the Agreement, your
permission to use the Material and the Web Site automatically terminate
and you must immediately destroy any copies you have made of the Material.
The Company respects the intellectual property of others,
and we ask our Users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide
the Company's Copyright Agent the following information:
• an electronic or physical signature of the person authorized to act on
behalf of
the owner of the copyright interest
• a description of the copyrighted work that you claim has been infringed
• a description of where the Material that you claim is infringing is located
on the site
• your address, telephone number, and e-mail address
• a statement by you that you have a good faith belief that the disputed
use is
not authorized by the copyright owner, its agent, or the law
• a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or
authorized
to act on the copyright owner's behalf
Section 2. Privacy; User Submissions
The Company is committed to maintaining your privacy.
The Company does, however, gather certain information that you provide to
the Web Site. For information regarding the Company's policies for using
User information please read our Privacy Policy.
The Company may provide certain areas of the Web Site
(such as chat rooms, message boards or other facilities) designated as open
to public access or to our Users at large (each of which is referred to
herein as a "Public Area"). Generally, any communication that
you post to a Public Area is considered to be non-confidential.
By posting communications (including any graphic or
multimedia content) to any Public Area, you automatically grant the Company
a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce,
modify, publish, edit, translate, distribute, publicly perform, and publicly
display the communication and any trademarks, names or likenesses therein
alone or as part of compilations or other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights
through multiple tiers of sublicensees. (Provisions conferring similar rights
on the Company may apply under separate terms or agreements with respect
to certain matter submitted other than in Public Areas; you should check
the applicable agreements or terms provided by the Company in order to ascertain
your rights.)
The Company does not screen communications in advance
and is not responsible for screening or monitoring material posted by Users.
As a User, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not do any of the following
things while accessing or using the Web Site or using the Material: (1)
post or transmit any material unless you are the owner of all patent, trademark,
copyright, trade secret or other proprietary rights ("Rights")
therein, or have the permission of the owner of the Rights to post or transmit
such material to the Web Site; (2) post material that otherwise violates
any Rights of any third party or violates or infringes on the privacy or
publicity rights of third parties; (3) post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable
to another User or any other person or entity; (4) post sexually-explicit
language or images; (5) post advertisements or solicitations of business;
(6) post or transmit any chain letters or pyramid schemes; (7) impersonate
another person or entity; (8) intentionally or unintentionally violate any
applicable local, state, national or international law while using or accessing
the Web Site or the Material; or (9) post or transmit any information containing
a virus or other harmful component.
If notified by a User of communications that allegedly
do not conform to any term of this Agreement, the Company may investigate
the allegation and determine in its sole discretion whether to remove or
request the removal of the communication. The Company has no liability or
responsibility to Users for performance or non-performance of such activities.
The Company reserves the right, in its sole discretion, to expel Users and
prevent their further access to the Web Site for violating this Agreement
or the law. The Company also reserves the right at all times to disclose
any information as necessary or deemed desirable by the Company to satisfy
any applicable law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials, in whole
or in part, in the Company's sole discretion.
THE COMPANY DOES NOT ENDORSE, SUPPORT, REPRESENT OR
GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS
POSTED BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE
THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN
RISK.
Section 3. Registration, Passwords and Signatures
In consideration of your use of the Web Site, you agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by any registration form that you may fill out on any Web Site
(such information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any Registration Data that is untrue, inaccurate,
not current or incomplete, or the Company has grounds to suspect that such
Registration Data is untrue, inaccurate, not current or incomplete, the
Company has the right to suspend or terminate your account and refuse any
and all current or future use of the Web Site (or any portion thereof).
You may receive a password and/or account designation,
or a digital signature upon completing the registration process on the Company's
Web Site. You are responsible for maintaining the confidentiality of any
such password, digital signature and account, and are fully responsible
for all activities that occur under your password, digital signature or
account. You agree to (a) immediately notify the Company of any unauthorized
use of your password, digital signature or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. The Company cannot and will not be liable for any loss or damage
arising from your failure to comply with this paragraph.
Section 4. Links to Other Sites
The Web Site may contain links to third-party web sites
that are maintained by others. These links are provided solely as a convenience
to you and not as an endorsement by the Company of the contents of such
third-party web sites. The Company is not responsible for the content of
linked third-party sites and does not make any representations regarding
the content or accuracy of materials on such third-party web sites. If you
decide to access linked third-party web sites, you do so at your own risk.
Section 5. Liability Disclaimers
All properties featured on the Web Site are subject
to prior sale, price changes, and withdrawal without notice. The Company
believes all material and editorial to be correct but assumes no legal responsibility
for accuracy. The Material may contain inaccuracies or typographical errors.
The Company makes no representations about the accuracy, reliability, completeness,
or timeliness of the Material or about the results to be obtained from using
the Web Site and the Material. Any use of the Web Site and the Material
is at your own risk. Advice received via the Web Site should not be relied
upon for personal, medical, legal, or financial decisions, and you should
consult an appropriate professional for specific advice tailored to your
situation. Changes are periodically made to the Web Site and may be made
at any time. Some Material on the Web Site is provided by third parties,
and the Company shall not be held responsible for any such Material provided
by third parties.
The Material may contain inaccuracies or typographical
errors. Any use of the Web Site and the Material is at your own risk.
Advice received via the Web Site should not be relied upon for personal,
medical, legal or financial decisions and you should consult an appropriate
professional for specific advice tailored to your situation. Changes
are periodically made to the Web Site and may be made at any time.
Some Material on the Web Site is provided by third parties and the
Company shall not be held responsible for any such Material provided
by third parties.
You acknowledge and agree that, in the event that there
are discrepancies or differences between the descriptions of real property
provided on the Web Site and the actual physical real property, the latter
will in all events be considered to be authoritative and controlling.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL
OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE WEB
SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT.
IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE
COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY
OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS,
AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS
SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY
DEPENDING ON YOUR STATE/JURISDICTION.
Section 6. Disclaimers of Certain Damages
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB
SITE, OR WITH ANY PROVISION OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE WEB SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY
BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER'S USE OF
THE WEB SITE. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE
TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Section 7. Indemnity
You agree to defend, indemnify, and hold harmless the
Company, its officers, directors, employees and agents, from and against
any losses, liabilities, damages, costs, and expenses, including, without
limitation, reasonable legal, expert and accounting fees, incurred in connection
with any claims, actions or demands alleging or resulting from your use
of the Material (including Software), your breach of this Agreement, or
your violation of law or of the rights of any third party. The Company shall
provide notice to you promptly of any such claim, suit, or proceeding and,
if it is one asserted by a third party, shall provide reasonable assistance
to you, at your expense, in defending any such claim, suit or proceeding.
Section 8. Third Party Rights
These terms are for the benefit of Italy Developments and
its Providers, officers, directors, employees, affiliates, agents, licensors,
and suppliers. Each of these individuals or entities has the right
to assert and enforce these terms directly against you on its or their own
behalf.
